vs. Appeal No. 01-0035-CI-88A
OF FLORIDA, DEPARTMENT OF HIGHWAY
SAFETY AND MOTOR
VEHICLES, BUREAU OF DRIVER IMPROVEMENT,
ORDER DENYING MOTION FOR REHEARING OR CLARIFICATION OF ORDER DENYING MOTION FOR REHEARING BY THREE JUDGE PANEL
This cause came before the Court on the Petitioner's Motion for Rehearing or Clarification of the Order Denying Motion for Rehearing by a Three Judge Panel of the Court's Order Denying Petition for a Writ of Certiorari on the grounds that the Court failed to address the second ground for his prior motion that a rehearing by a three judge panel is required by law.
Florida law does not require a rehearing by a three-judge panel. No statewide criterion exists at this time. Florida Power & Light Co. v. City of Dania, 761 So. 2d 1089 (Fla. 2000). In the Sixth Judicial Circuit Court where this action arose, Local Rules 1(a), 1(d) and 3(a) and Administrative Order No. PA/PI-CIR-00-35 permit a single qualified judge to function as the circuit court when conducting first-tier certiorari review. If the Circuit Judge assigned to the Appellate Division decides that a panel is necessary, he or she shall designate any two other circuit judges to form a panel, in which case the three judges shall consider the case as a panel. The undersigned judge decided that a three-judge panel was not necessary in this case. It is, therefore,
ORDERED that Petitioner's Motion for Rehearing or Clarification of the Order Denying Motion for Rehearing by a Three Judge Panel of the Court's Order Denying Petition for a Writ of Certiorari is denied.
DONE AND ORDERED in chambers at Clearwater, Pinellas County, Florida, on this 24th day of May 2001.
Copies Furnished To:
A. R. Mander, III, Esquire
14217 Third Street
Dade City, FL 33523
Kathy A. Jimenez, Esquire
Assistant General Counsel
Florida Dept. of Highway Safety & Motor Vehicles
2515 W. Flagler Street
Miami, FL 33135